Definition.—

Transmittal.—

1. “(A)

   In general.—

   Not later than 15 days after the date on which a major party nominates a candidate for President, the Office of Personnel Management shall transmit an electronic record to that candidate on Presidentially appointed positions.
2. (B)

   Other candidates.—

   After making transmittals under subparagraph (A), the Office of Personnel Management shall transmit such electronic record to any other candidate for President who is an eligible candidate described in section 3(h)(4)(B) of the Presidential Transition Act of 1963 [Pub. L. 88–277] (3 U.S.C. 102 note) and may transmit such electronic record to any other candidate for President.

Content.—

The record transmitted under this subsection shall provide—

1. “(A)
   all positions which are appointed by the President, including the title and description of the duties of each position;
2. “(B)
   the name of each person holding a position described under subparagraph (A);
3. “(C)
   any vacancy in the positions described under subparagraph (A), and the period of time any such position has been vacant;
4. “(D)
   the date on which an appointment made after the applicable Presidential election for any position described under subparagraph (A) is necessary to ensure effective operation of the Government; and
5. “(E)
   any other information that the Office of Personnel Management determines is useful in making appointments.”

Transfer of Functions.—

1. (1)
   Subject to subsection (b), the Secretary of Defense may transfer to the Office of Personnel Management the personnel security investigations functions that, as of the date of the enactment of this Act [Nov. 24, 2003], are performed by the Defense Security Service of the Department of Defense. Such a transfer may be made only with the concurrence of the Director of the Office of Personnel Management.
2. “(2)
   The Director of the Office of Personnel Management may accept a transfer of functions under paragraph (1).
3. “(3)
   Any transfer of a function under this subsection is a transfer of function within the meaning of section 3503 of title 5, United States Code.

Limitation.—

1. (1)
   The Secretary of Defense may not make a transfer of functions under subsection (a) unless the Secretary determines, and certifies in writing to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate, that each of the conditions specified in paragraph (2) has been met. Such a transfer may then be made only after a period of 30 days has elapsed after the date on which the certification is received by those committees.
2. “(2)

   The conditions referred to in paragraph (1) are the following:

   1. “(A)
      That the Office of Personnel Management is fully capable of carrying out high-priority investigations required by the Secretary of Defense within a timeframe set by the Secretary of Defense.
   2. “(B)
      That the Office of Personnel Management has undertaken necessary and satisfactory steps to ensure that investigations performed on Department of Defense contract personnel will be conducted in an expeditious manner sufficient to ensure that those contract personnel are available to the Department of Defense within a timeframe set by the Secretary of Defense.
   3. “(C)
      That the Department of Defense will retain capabilities in the form of Federal employees to monitor and investigate Department of Defense and contractor personnel as necessary to perform counterintelligence functions and polygraph activities of the Department.
   4. “(D)
      That the authority to adjudicate background investigations will remain with the Department of Defense and that the transfer of Defense Security Service personnel to the Office of Personnel Management will improve the speed and efficiency of the adjudication process.
   5. “(E)
      That the Department of Defense will retain within the Defense Security Service sufficient personnel and capabilities to improve Department of Defense industrial security programs and practices.

Transfer of Personnel.—

1. (1)

   If the Director of the Office of Personnel Management accepts a transfer of functions under subsection (a), the Secretary of Defense shall also transfer to the Office of Personnel Management, and the Director shall accept—

   1. “(A)
      the Defense Security Service employees who perform those functions immediately before the transfer of functions; and
   2. “(B)
      the Defense Security Service employees who, as of such time, are first level supervisors of employees transferred under subparagraph (A).
2. “(2)

   The Secretary may also transfer to the Office of Personnel Management any Defense Security Service employees (including higher level supervisors) who provide support services for the performance of the functions transferred under subsection (a) or for the personnel (including supervisors) transferred under paragraph (1) if the Director—

   1. “(A)
      determines that the transfer of such additional employees and the positions of such employees to the Office of Personnel Management is necessary in the interest of effective performance of the transferred functions; and
   2. “(B)
      accepts the transfer of the additional employees.
3. “(3)

   In the case of an employee transferred to the Office of Personnel Management under paragraph (1) or (2), whether a full-time or part-time employee—

   1. “(A)

      subsections (b) and (c) of section 5362 of title 5, United States Code, relating to grade retention, shall apply to the employee, except that—

      1. “(i)
         the grade retention period shall be the one-year period beginning on the date of the transfer; and
      2. “(ii)
         paragraphs (1), (2), and (3) of such subsection (c) shall not apply to the employee; and
   2. “(B)
      the employee may not be separated, other than pursuant to chapter 75 of title 5, United States Code, during such one-year period.

Actions After Transfer.—

1. (1)
   Not later than one year after a transfer of functions to the Office of Personnel Management under subsection (a), the Director of the Office of Personnel Management, in coordination with the Secretary of Defense, shall review all functions performed by personnel of the Defense Security Service at the time of the transfer and make a written determination regarding whether each such function is inherently governmental or is otherwise inappropriate for performance by contractor personnel.
2. “(2)

   A function performed by Defense Security Service employees as of the date of the enactment of this Act [Nov. 24, 2003] may not be converted to contractor performance by the Director of the Office of Personnel Management until—

   1. “(A)
      the Director reviews the function in accordance with the requirements of paragraph (1) and makes a written determination that the function is not inherently governmental and is not otherwise inappropriate for contractor performance; and
   2. “(B)
      the Director conducts a public-private competition regarding the performance of that function in accordance with the requirements of the Office of Management and Budget Circular A–76.”

In General.—

Offset of Administrative Costs.—

Reports.—

1. (1)
   The Office shall submit a report to the Committee on Government Reform [now Committee on Oversight and Government Reform] of the House of Representatives and the Committee on Governmental Affairs [now Committee on Homeland Security and Governmental Affairs] of the Senate no later than March 31, 2004, specifying the administrative costs associated with the Governmentwide program (referred to in subsection (b)) for fiscal year 2003, as well as the projected administrative costs of such program for each of the 5 fiscal years thereafter.
2. “(2)
   At the end of each of the first 3 calendar years in which an agency or other employing entity offers a flexible spending account option under this section, such agency or entity shall submit a report to the Office of Management and Budget showing the amount of its employment tax savings in such year which are attributable to such option, net of administrative fees paid under subsection (b).”

1. (1)
   1. (A)
      Any requirements for eligibility to receive contributions through the Combined Federal Campaign shall not, to the extent that such requirements relate to litigation, public-policy advocacy, or attempting to influence legislation, be any more restrictive than any requirements established with respect to those subject matters under section 501(c)(3) or 501(h) of the Internal Revenue Code of 1986 [26 U.S.C. 501(c)(3), (h)].
   2. “(B)
      Any requirements for eligibility to receive contributions through the Combined Federal Campaign shall, to the extent that such requirements relate to any subject matter other than one referred to in subparagraph (A), remain the same as the criteria in the 1984 regulations, except as otherwise provided in this section.
   3. “(C)

      Notwithstanding any requirement referred to in subparagraph (A) or (B), for purposes of any Combined Federal Campaign—

      1. “(i)
         any voluntary agency or federated group which was a named plaintiff as of September 1, 1987, in a case brought in the United States District Court for the District of Columbia, and designated as Civil Action No. 83–0928 or 86–1367, and
      2. “(ii)
         The Federal Employee Education and Assistance Fund,

      shall be considered to have national eligibility.
   4. “(D)
      Public accountability standards shall remain similar to the standards which were by regulation established with respect to the 1984–1987 Combined Federal Campaigns, except that the Office of Personnel Management shall prescribe regulations under which a voluntary agency or federated group which does not exceed a certain size (as established under such regulations) may submit a copy of an appropriate Federal tax return, rather than complying with any independent auditing requirements which would otherwise apply.
2. “(2)
   1. (A)

      A voluntary agency or federated group shall, for purposes of any Combined Federal Campaign in any year, be considered to have national eligibility if such agency or group—

      1. “(i)
         complies with all requirements for eligibility to receive contributions through the Combined Federal Campaign, without regard to any requirements relating to ‘local presence’; and
      2. “(ii)

         demonstrates that it provided services, benefits, or assistance, or otherwise conducted program activities, in—

         1. “(I)
            15 or more different States over the 3-year period immediately preceding the start of the year involved; or
         2. “(II)
            several foreign countries or several parts of a foreign country.

      For purposes of this subparagraph, an agency or federated group shall be considered to have conducted program activities in the required number of States, countries, or parts of a country, over the period of years involved, if such agency or group conducted program activities in such number of States, countries, or parts either in any single year during such period or in the aggregate over the course of such period, provided that no State, country, or part of a country is counted more than once.
   2. “(B)
      Notwithstanding any other provisions, eligibility requirements relating to International Services Agencies shall remain at least as inclusive as existing requirements. Any voluntary agency or federated group which attains national eligibility under subparagraph (A), and any voluntary agency which is a member of the International Services Agencies, shall be considered to have satisfied any requirements relating to ‘local presence’.
3. “(3)
   1. (A)
      If a federated group is eligible to receive donations in a Combined Federal Campaign, whether on a national level (pursuant to certification by the Office) or a local level (pursuant to certification by the local Federal coordinating committee), each voluntary agency which is a member of such group may, upon certification by the federated group, be considered eligible to participate on such national or local level, as the case may be.
   2. “(B)

      Notwithstanding any provision of subparagraph (A)—

      1. “(i)
         the Office may require a voluntary agency to provide information to support any certification submitted by a federated group with respect to such agency under subparagraph (A); and
      2. “(ii)
         if a determination is made, in writing after notice and opportunity to submit written comments, that the information submitted by the voluntary agency does not satisfy the applicable eligibility requirements, such agency may be barred from participating in the Combined Federal Campaign on a national or local level, as the case may be, for a period not to exceed 1 campaign year.
4. “(4)

   The Office shall exercise oversight responsibility to ensure that—

   1. “(A)
      regulations are uniformly and equitably implemented in all local combined Federal campaigns;
   2. “(B)
      federated groups participating in a local combined Federal campaign are allowed to compete fairly for the role of principal combined fund organization;
   3. “(C)

      federated groups participating in a local combined Federal campaign are afforded—

      1. “(i)
         adequate opportunity to consult with the PCFO for the area involved before any plans are made final relating to the design or conduct of such campaign (including plans pertaining to any materials to be printed as part of the campaign);
      2. “(ii)
         adequate opportunity to participate in campaign events and other related activities; and
      3. “(iii)
         timely access to all reports, budgets, audits, and other records in the possession of, or under the control of, the PCFO for the areas involved; and
   4. “(D)
      a federated group or voluntary agency found by the Office, by a written decision issued after notice and opportunity to submit written comments, to have violated the regulations may be barred from serving as a PCFO for not to exceed 1 campaign year.
5. “(5)
   The Office shall prescribe regulations to ensure that PCFOs do not make inappropriate delegations of decisionmaking authority.
6. “(6)
   1. (A)
      The Office shall, in consultation with federated groups, establish a formula under which any undesignated contributions received in a local combined Federal campaign shall be allocated in any year.
   2. “(B)

      Under the formula for the 1990 Combined Federal Campaign, all undesignated contributions received in a local campaign shall be allocated as follows:

      1. “(i)
         82 percent shall be allocated to the United Way.
      2. “(ii)
         7 percent shall be allocated to the International Services Agencies.
      3. “(iii)
         7 percent shall be allocated to the National Voluntary Health Agencies.
      4. “(iv)

         4 percent shall, after fair and careful consideration of all eligible federated groups and agencies, be allocated by the local Federal coordinating committee among any or all of the following:

         1. “(I)
            National federated groups (other than any identified in clauses (i), (ii), or (iii)), except that a national federated group shall not be eligible under this subclause unless there are at least 15 members of such group participating in the local campaign, unless the members of such group collectively receive at least 4 percent of the designated contributions in the local campaign, and unless such group was granted national eligibility status for the 1987, 1988, 1989, or 1990 Combined Federal Campaign.
         2. “(II)
            Local federated groups.
         3. “(III)
            Any local, non-affiliated voluntary agency which receives at least 4 percent of the designated contributions in the local campaign.
   3. “(C)

      The formula set forth in subparagraph (B)—

      1. “(i)
         shall be phased in over the course of the 1988 and 1989 Combined Federal Campaigns;
      2. “(ii)
         shall be fully implemented with respect to the 1990 Combined Federal Campaigns [sic]; and
      3. “(iii)
         shall, with respect to any Combined Federal Campaign thereafter, be adjusted based on the experience gained in the Combined Federal Campaigns referred to in clauses (i) and (ii).
   4. “(D)
      Nothing in this paragraph shall apply with respect to any campaign conducted in a foreign country.
   5. “(E)
      All appropriate steps shall be taken to encourage donors to make designated contributions.
7. “(7)
   The option for a donor to write in the name of a voluntary agency or federated group not listed in the campaign brochure to receive that individual’s contribution in a local campaign shall be eliminated.
8. “(8)
   The name of any individual making a designated contribution in a campaign shall, upon request of the recipient voluntary agency or federated group, be released to such agency or group, unless the contributor indicates that his or her name is not to be released. Under no circumstance may the names of contributors be sold or otherwise released by such agency or group.
9. “(9)
   1. (A)
      The name of each participating voluntary agency and federated group, together with a brief description of their respective programs, shall be published in any information leaflet distributed to employees in a local combined Federal campaign. Agencies shall be arranged by federated group, with combined Federal campaign organization code numbers corresponding to each such agency and group.
   2. “(B)
      The requirement under subparagraph (A) relating to the inclusion of program descriptions may, at the discretion of a local Federal coordinating committee, be waived for a local campaign in any year if, in the immediately preceding campaign year, contributions received through the local campaign totalled less than $100,000.
10. “(10)
    Employee coercion is not to be tolerated in the Combined Federal Campaign, and protections against employee coercion shall be strengthened and clarified.
11. “(11)

    The Office—

    1. “(A)
       may not, after the date of the enactment of this Act [Dec. 22, 1987], grant national eligibility status to any federated group unless such group has at least 15 member voluntary agencies, each of which meets the requirements for national eligibility under paragraph (2)(A); and
    2. “(B)
       may withdraw federation status from any federated group for a period of not to exceed 1 campaign year if it is determined, on the record after opportunity for a hearing, that the federated group has not complied with the regulatory requirements.
12. “(12)
    The Office may bar from participation in the Combined Federal Campaign, for a period not to exceed 1 campaign year, any voluntary agency which the Office determines, in writing, and after notice and opportunity to submit written comments, did not comply with a reasonable request by the Office to furnish it with information relating to such agency’s campaign accounting and auditing practices.